What type of evidence is needed to prove a professional negligence claim?

In South Carolina, a professional negligence claim requires proof in order to be successful. The required evidence, also known as elements of proof, must be demonstrated to the court in order to show professional negligence. These elements include: First, that a duty of care was owed. This means that the professional had a duty to provide a service that met the standards of their profession or expertise. Second, that this duty of care was breached. The professional must have failed to meet the standard of care owed to the client. Third, that this breach of duty caused the client harm. This harm must be shown to have resulted from the professional’s negligence. Fourth, that there were actual damages suffered. Damages can be either physical or monetary. Finally, causation must be demonstrated. This means that the breach of the duty of care must actually have caused the damages suffered by the client. To prove a professional negligence claim in South Carolina, it is necessary to provide evidence that each of these elements exists. This could include contracts, medical records, witness testimony, expert witness testimony, and other details proving that a duty of care existed, and that it was breached, leading to harm and damages.

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